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Probate


Prepare documents and apply for probate with our help

Trawling through the deceased’s assets so soon after death can be a painful and confusing exercise.

After the death of a loved one, it is important to handle the affairs of the deceased quickly to avoid potential HMRC fines for late payment of inheritance tax.

Our supportive and empathetic solicitors can help you with each stage of the probate process, so you don’t need to worry.

Call 0208 907 2699 or email info@mscsolicitors.co.uk to find out more.

Stage One: Preparing the Documents for Probate

The first stage is to understand the assets that the deceased had, and how they wanted them distributed. This is used to prepare the Inheritance Tax forms and to assess whether any inheritance tax is due. Many people find inheritance tax forms extremely time-consuming and confusing.

We can do these for you, so you can be sure that they have been completed and submitted correctly.

The Executors named in the will also need to sign a document called an Oath for Executors.

We can prepare this for you and make arrangements for it to be signed.

If there was no will or the will is invalid, intestacy rules are applied. This determines who acts as the personal representative of the deceased, and how funds will be distributed.

We can advise on any intestacy issues and prepare the necessary documentation for you.

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Stage Two: Applying for Probate

Once the documents have been prepared with our help, they will need to be sent to the District Probate Registry.

If your application is submitted by a solicitor, the fee for applying for probate is less than if you apply yourself or if someone who is not a qualified solicitor applies on your behalf.

It normally takes the District Probate Registry 4-8 weeks to grant probate once they receive the documents from you.

Stage Three: Distributing Assets

Once the grant of probate (or letters of administration in cases of intestacy) has been issued, it is possible to begin distributing the deceased’s assets in line with their will, or the rules of intestacy. This process can be confusing, as different assets require the completion of different formalities.

We can help with the distribution of all assets, including land, shares, money and other property. The exact procedure to be followed varies from case to case. For a more detailed insight into the procedure involved with your matter, please contact us using the form below for more information or a quote.

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